Terms and conditions
A brief note to customers:
Please note almost all products sold on our web site are made to order, therefore we do not accept general returns or cancellations. As such it is essential to check your measurements including those for access to all rooms and doorways for the delivery of beds and mattresses.
Our bed delivery company will always unwrap your goods for you. You must carefully check all products before signing to accept the delivery. Damages can not be claimed for unless they are noted on this form.
If you have any questions relating to these terms and conditions please contact us on 0845 094 0362 before you place an order. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not order goods, use or access this Website.
"Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us" means longbeds.com or a contractor of Longbeds.com "Website" means the website located at www.longbeds.com or any subsequent URL which may replace it; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer; "Mainland United Kingdom" means England, Wales, Scotland, and "You" means a user of this Website.
Purchase of products
We reserve the right to substitute materials and alter specifications without prior notice as our manufacturers may alter specifications as products are developed and improved. If you have any specific requirements that need to be met exactly we recommend checking current specification prior to ordering and we shall endeavour to inform of any such amendment or change. Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees. Each products is made by hand therefore slight variations in quoted measurements are possible and do not constitute a manufacturing fault. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.
Please note all products on this web site are manufactured to order, therefore we do not accept general returns or cancellations, from placing your order you are liable for the full order value and acceptance of delivery. Orders are placed for products on the Website by pressing the confirm order button at the end of the checkout process. We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from longbeds.com. When your order has been processed we will send you an order confirmation email to confirm acceptance of your order. Non-acceptance of an order may be a result of one of the following: The product ordered is no longer unavailable. Our inability to obtain authorisation for your payment. The identification of a pricing or product description error. You not meeting the criteria set out in the main Terms & Conditions.
Change or Cancel an Order Unfortunately in most circumstances it’s not possible to cancel made to measure products. If you wish to cancel an order please contact us to enquire if your goods have gone into production as it is not possible to cancel an order once it in production.
Our delivery company will always unwrap your goods for you. You must check products carefully before signing the proof of delivery. Damages can not be claimed for unless they are noted on this form.
The product prices displayed do not include delivery. All prices quoted are subject to confirmation, as some zonal surcharges may apply. In a case where surcharges will apply Longbeds will contact you to confirm the additional cost before processing your order.
We will use reasonable endeavours to complete delivery on or before any delivery dates which we have estimated at the time of placing the order. We shall not be liable for any delay in delivery of the Goods howsoever caused. You shall accept a mutually pre-arranged delivery time/date and you are responsible for ensuring that (i) you provide adequate delivery instructions, and (ii) appropriate access is available to the delivery person(s) and their vehicle, and (iii) you, or a responsible adult on your behalf, are present to accept the delivery. If you are the cause of a failed delivery attempt, either due to failure on your responsibilities above or for any other reason whatsoever, then you will be charged for the unsuccessful delivery attempt and charge you for a redelivery, if applicable. If you wish to change the delivery date once it is agreed then please give us no less than 2 Business Days notice prior to delivery. Notice within 2 Business Days of a pre-arranged delivery time/date may incur a rescheduling charge.
You are responsible for ensuring that purchased items will fit into your property. You must check the measurements of doorways, corridors and stairways and ensure all floors are suitability covered and any obstructions are removed to allow this service. Our delivery company are not responsible for moving any existing furniture or any other objects. We will not be liable for any loss or damage suffered by you as a result of our delivery company installing the Goods or in the event of any delay in installing the Goods. For the avoidance of doubt this includes, but is not limited to, any loss of earnings through a cancelled, failed or otherwise unsuccessful scheduled delivery arrangement.
Responsibility for inspecting the Goods rests solely with you. Customers must examine the goods upon immediate delivery. All goods will be unpacked by our delivery company to allow full inspection of the products. You will be asked to sign a proof of delivery to confirm all goods were checked and received in good condition and that there was no damage to the product and/or your property as a result of delivery. After acceptance, you shall not be entitled to reject Goods which are not in accordance with the Order Confirmation. There are no circumstances in which you can reject the Goods on the basis of defects or failures which are so slight, that your rejection would be unreasonable.
Almost all products on this web site are made to order, therefore we do not accept general returns or cancellations, from placing your order you are liable for the full order value. As such it is essential to measure all rooms and access doors as you will remain liable for the full order value if delivery fails because of difficulty of access. This does not affect your statutory rights when goods are faulty, or not as described. In the instance of our accepting goods to be returned we will give prior written notification before items can be returned. Returns are required to be sent well packaged un-used, and in original, undamaged wrapping. If we find that the product has not been returned to us in fully resalable condition, we reserve the right to refuse a refund on the item, or make a deduction on the refund value.
In the unlikely event that your goods prove defective please contact us to advance the appropriate action. Should a genuine manufacturing or materials fault occur within 12 months from the date of purchase we will repair or replace the product completely free of charge. After the first 12 months but within the 5 year warranty period Longbeds will have the right and the discretion to arrange repair or replace the product, charging you for one fifth of the current retail price multiplied by the total number of years you have owned the bed. Longbeds reserve the right to refuse this offer if defect is caused by misuse or where product has become soiled, unsanitary, has excessive wear and tear, or where the mattress has been used on a unsuitable base or foundation. Body impression is considered normal on luxury mattresses and does not constitute a manufacturing fault. Where a product is replaced we will endeavor to match the specification, material, and colour but reserve the right to substitute alternatives. If a product with a reported fault is collected and on inspection found to have no material or manufacturing fault we reserve the right to charge for costs incurred in processing the inspection including but not limited to collection and redelivery of the product. For the purpose of our guarantee on goods exported from Mainland UK, it is the responsibility of the customer to return the goods to Mainland UK at their expense for inspection of manufacturing faults. Similarly, it is at the customers' expense to transport any replacements or returns out of the United Kingdom thereafter.
Risk and Retention of Title
Ownership (“Title”) of all Goods shall remain with longbeds until full payment has been received and the goods have been either collected or successfully delivered. Risk in Goods (including damage & loss) shall pass to you at the time when you collect the Goods or when we deliver the Goods.
All prices listed on our web site are in GB Pounds Sterling and inclusive of VAT. A breakdown of VAT will be given at the checkout. Prices and availability of goods are subject to change without notice.
Use of the website
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
Indemnity You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to: - modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or - change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third party links To provide increased interest to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below).
When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
We confirm that any Personal Information which you provide to us is held in accordance with the Data Commissioner's Office. We use your information only for the following purposes:
- Processing your orders;
- For statistical or survey purposes to improve this Website and its services to you;
- To serve website content and advertisements to you;
- To administer this website;
- If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
When you create a shopping account while ordering online you will be given the option to receive information from longbeds by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line, by e-mailing us or telephoning.
When entering any of our contests or prize draws, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or prize draw, you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Website. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Customer Specified Orders
All Customer SpecifiedOrders must be detailed in writing. Furthermore, you shall, with respect to Customer SpecifiedOrders produced according to your specifications, defend us at your expense and pay all costs and damages of any kind (including our legal fees) incurred by us as the result of any suit or other legal proceeding against us for infringement of any patent, trademarks, copyrights, or other rights by reason of use of such specification, provided we promptly notify you of such claim of, or suit for, infringement and tender the defence thereof to you. Additionally, at our option, we may be separately represented in any such suit at our own expense.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
If the goods we deliver are not what you ordered or are damaged or defective or if the delivery is of an incorrect quantity you should notify us in writing at our contact address within 14 days of the delivery of the goods in question otherwise we shall have no liability to you. If you notify us of a problem under this condition our only obligation will be, at our option:
- to make good any shortage or non-delivery
- to replace or repair any goods that are damaged or defective; or
- to refund to you the amount paid by you for the goods in question
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what longbeds and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
Longbeds.com, Littons Mill, Athertons Quay, Warrignton, WA5 1AH. tel. 0845 094 0362